For the purposes of the present case, therefore, the relevant limit upon the power to prorogue can be expressed in this way: that a decision to prorogue Parliament (or to advise the monarch to prorogue Parliament) will be...more
Background - The exit of the United Kingdom from the European Union is heading towards another periodic climax with the exit date currently set for 31 October 2019. The U.K. Supreme Court today held that the Prime...more
In the early hours of Sept. 5 the UK government conceded that it will not use delaying tactics in the House of Lords to block the passage of the bill designed to avert a "no deal" Brexit. The bill completed its House of...more
Brexit has been postponed again, until at least 31 October 2019, but with the possibility that it may occur sooner, maybe even within a few weeks....more
The House of Commons recently rejected the Withdrawal Agreement. While the UK Parliament is still debating how to leave the EU, a hard Brexit remains an option. To prepare for this possibility, the UK, EU Commission and EU27...more
On 15 January 2019, the U.K. Parliament overwhelmingly rejected, by a margin of 230 votes, the proposed withdrawal agreement with the EU put forward by Prime Minister Theresa May. Rejection of the withdrawal agreement does...more
Non-exit is looking increasingly likely! An impending sense of doom stalks the corridors of Westminster this morning after last night’s historic Government defeat over the EU Withdrawal Agreement....more
With only 72 days remaining until the UK automatically ceases to be a member of the EU, the UK Parliament has emphatically rejected the Withdrawal Agreement and Political Declaration painstakingly negotiated by the UK...more
The Current Status of Brexit - On 29 March 2017 the United Kingdom (UK) gave notice under Article 50 of the Treaty on the European Union that it intended to leave the European Union (EU). The UK’s departure (so-called...more
Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more
On 26 January 2017, the Government published its European Union (Notification of Withdrawal) Bill (the "Bill") to empower the Prime Minister to notify the EU, under Article 50 of the Treaty on the European Union, of the...more
The Supreme Court has spoken - .. On 24 January 2017, the Supreme Court, the UK’s highest court, ruled that Parliament must be consulted before Article 50 is triggered. Article 50 is the provision of the Treaty of the...more
On 24 January 2017, the Supreme Court handed down its highly anticipated judgment in Miller v Secretary of State for Exiting the EU. The Claimants argued that an Act of Parliament was required to authorise the triggering...more
In its widely anticipated judgment in R (Miller and another) v. Secretary of State for Exiting the EU, the UK Supreme Court confirmed on 24 January, by an 8 to 3 majority, that the British government is prevented from...more
The Supreme Court, the UK’s highest court, has today handed down its judgment that the outcome of the Brexit referendum does not give the government the unilateral right to trigger the process for the UK to leave the European...more
The UK Supreme Court (the “Court”) in its most important and far reaching judgment to date decided that the UK Government has to seek the approval of the UK Parliament before issuing an Article 50 notice to begin the process...more
The Supreme Court has upheld the High Court’s decision in Miller v Secretary of State for Exiting the European Union. Its judgment confirms that an Act of Parliament is required to authorise the Government to begin the...more
The Supreme Court of the United Kingdom by a majority of 8 to 3 has today confirmed that triggering the exit procedure from the European Union requires an Act of Parliament. As such the Supreme Court disagreed with the...more
The UK Supreme Court ruled by majority of eight to three on January 24, 2017 that Article 50 cannot be triggered without an Act of Parliament sanctioning that course. Any change to the rights of UK residents granted by law...more
For those who have been listening carefully to the UK Government in recent months, today's speech by Prime Minister Theresa May will be a confirmation that the UK Government has recognised the logical consequences of the...more
Should Parliament have a say over whether Britain could remain in the European Economic Area? Introduction - The UK Government faces yet another challenge over its determination to take the UK out of the EU and the...more
While the dust was still settling on the United Kingdom’s June referendum to leave the European Union, the “Remain” campaign scored a major win in the English High Court of Justice on Thursday, Nov. 3, 2016. This decision...more
Earlier today, the High Court of Justice ruled that the U.K. government does not have the constitutional capacity to trigger the U.K.'s withdrawal from the European Union without further primary legislation being passed. This...more